LKF Investments Pty Ltd v Inner West Council [2021] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: LKF Investments Pty Ltd v Inner West Council [2021] NSWLEC 1101 Hearing dates: Conciliation conference on 19 February 2021 Date of orders: 26 February 2021 Decision date: 26 February 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans listed at Condition 1 of Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is pay the Respondent costs thrown away in respect of the amended plans in the sum of $2,500 within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application D/2020/0525 for a 17 room boarding house, comprising 11 double boarding rooms, 6 single boarding room, 1 manager's room, common room and basement carparking at 38 Henry Street, Leichhardt is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (July 2020) Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: LKF Investments Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Norton (Respondent)